JITENDRA G.JANAVALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner who claims to be a social worker has filed this petition inviting attention of the Court to the illegal constructions carried out by the respondent No.4 who is the husband of the respondent No.5. At present, the respondent No.5 is an elected Councillor of the Mumbai Municipal Corporation from Ward No.65 covering the area of Vile Parle (West), Mumbai.

(2.) The alleged illegal constructions have been carried out in the property known as Kunj Vihar Bunglow situated at 1st Bajaj Road, Vile Parle (West), Bombay 400 056.

(3.) On 16th February 2010, a notice under section 354A of the Mumbai Municipal Corporation Act,1888 was issued to one Kunal Vira described as an occupier of the structure stating that he has commenced unauthorised construction of a Mezzanine floor admeasuring 24' 6" x 20' with Ladi Koba slab and he has commenced the work of lowering the plinth. It appears that on 1 st October 2010, a proposal for grant of permission to carry out additions and alterations and change of user was received by the said Municipal Corporation through an Architect. However, the proposal was rejected. On 1st April 2011, the Assistant Engineer (Building and Factory) Department, K/W Ward passed an order directing the respondent No.4 and the said Kunal Vira to remove unauthorised constructions set out in the notice dated 16th February 2010. It appears that the respondent No.4 filed L.C.Suit No.757 of 2011 in the City Civil Court for challenging the said order. On 19th April 2011, the learned Judge of the City Civil Court rejected the prayer for grant of adinterim relief. By a letter dated 20th April 2012 (ExhibitF to the petition) the respondent No.4 informed the Assistant Commissioner of K/W ward of the said Corporation stating that as per the aforesaid notice and the order, he has removed the illegal work and restored the original condition of the godown.